The Lamwell team represented a Client in a dispute with a Cypriot counterparty that was considered at the London Court of International Arbitration. The arbitral tribunal granted the Client’s claim for repayment of the debt in the amount of approximately half a million dollars.
The dispute arose out of a contract for the supply of liquefied petroleum gas produced in Russia to Ukraine. Lamwell’s client, a Ukrainian company, made a prepayment for a shipment of LPG, but due to the start of a full-scale invasion the delivery was not performed. The supplier, a Cypriot company, refused to return the advance payment to the Client, citing the Client’s failure to return the wagons after the delivery of fuel under another contract.
Lamwell’s lawyers filed a claim on behalf of the Client at the London Court of International Arbitration. The law applicable to the contract was the law of England and Wales. While considering the claim, the arbitral tribunal agreed with the arguments of Lamwell’s lawyers that the advance payment was to be returned to the buyer both under the terms of the contract and under the provisions of English law regarding unjust enrichment and restitution.
